Nebraska Revised Statute 37-734
Nothing in sections 37-729 to 37-736 limits in any way any liability which otherwise exists (1) for willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity or (2) for injury suffered in any case where the owner of land charges the person or persons who enter or go on the land.
- Laws 1965, c. 193, § 5, p. 590;
- R.S.1943, (1993), § 37-1005;
- Laws 1998, LB 922, § 348;
- Laws 2005, LB 3, § 1.
The term "rental paid" is unconstitutionally vague, and accordingly, the last sentence of this section is invalid. Teters v. Scottsbluff Public Schools, 256 Neb. 645, 592 N.W.2d 155 (1999).
A finding that an owner of property protected by this act did not act willfully or maliciously as described in this section is a finding of fact which will not be disturbed unless clearly wrong. Thies v. City of Omaha, 225 Neb. 817, 408 N.W.2d 306 (1987).
In order for action to be willful or wanton, the evidence must show that one acted with actual knowledge that a danger existed and that he intentionally failed to act to prevent the harm which was reasonably likely to result. Gallagher v. Omaha Public Power Dist., 225 Neb. 354, 405 N.W.2d 571 (1987).